Back / lumbar spine decisions — 2019

The Board has remanded the case due to insufficient rationale in a previous VA medical opinion and new evidence suggesting a connection between the Veteran's service-connected right femur fracture and his low back disorder.

The Veteran's claims for a higher rating for his thoracolumbar spine condition and service connection for his stroke, to include transient ischemic attack, are being remanded due to the need for additional examinations.

The Board has decided to remand the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's lower back disability. Additional development is required, including obtaining a VA examination.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the Board finds that a higher rating is not warranted.,Right lower extremity radiculopathy has been granted an initial 20 percent rating effective May 7, 2014.

The Veteran's claims for service connection have been reopened and granted. The remaining issues of back, bilateral hip, and tinnitus disabilities are being remanded for additional development.

The Board has denied service connection for a low back disability and remanded the issue of entitlement to a compensable rating for bilateral hearing loss.

The Veteran's service-connected lumbar stenosis disability does not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal seeking service connection for a right hip disability, low back disability, and cold injury residuals to the feet has been dismissed due to his death.

The Board denied the Veteran's claim for service connection for a lumbar spine degenerative arthritis disability, finding that there was no evidence of an in-service injury or disease and concluding that the current condition is more likely due to aging and being overweight.

The Board has restored service connection for degenerative disc disease (DDD) of the lumbosacral spine L3-4 through L5-S1 with herniated nucleus pulposus at L5-S1 and multiple herniated nuclei pulposi at the cervical spine, finding that the original grants were not clearly and unmistakably erroneous.

The Veteran's claims for service connection for bursitis of the right hip, left hip, sacroiliitis (low back condition), and major depressive disorder have been reopened. Service connection is granted for these conditions.,Service connection remains denied for gastritis, cervical strain secondary to patellofemoral syndrome of the left knee, and left shoulder impingement and arthritis (left shoulder condition).

The Veteran's psychiatric disability and left quadriceps atrophy are granted service connection. The low back disability is reopened, but the right knee disability remains denied due to lack of a current diagnosis.

The Veteran's claim for a cervical spine condition was reopened and denied due to lack of evidence linking the condition to service.,A rating above 10 percent is granted for radiculopathy of the left lower extremity (sciatic nerve) since October 24, 2016. The right ankle scar remains at 10 percent.,The Veteran's claim for a compensable rating from October 24, 2015 to October 23, 2016 and above 10 percent since that date is remanded due to the need for further development.

The Board has remanded the cases for further development to obtain treatment records from Dr. P and any other physicians, as well as information about a reported in-service incident.

The Board has granted service connection for the Veteran's degenerative joint disease of the lumbar spine, finding that new and material evidence raises a reasonable possibility of substantiating his claim. The Board also determined that the Veteran's current back condition is at least as likely as not related to his in-service complaint and treatment for back pain.

The Board has remanded the case due to a failure to comply with a prior remand order. The Veteran's low back disability claim is now before the Board for further review.

The Veteran's allergic reactions and bilateral feet condition are not service-connected.,The Veteran's sinusitis is not service-connected.,For the entire appeal period, the Veteran’s lumbar spine disability is manifested by at worst forward flexion to 50 degrees. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s left lower extremity radiculopathy is manifested by at worst moderately severe incomplete paralysis. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s right lower extremity radiculopathy is manifested by at worst moderate incomplete paralysis. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s left knee condition is manifested by at worst frequent episodes of locking, pain, and effusion. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s right knee traumatic arthritis is manifested by at worst painful motion. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s PTSD is manifested by at worst flattened affect, disturbances of motivation and mood, sleep impairment, depression, anxiety, and difficulty establishing and maintaining work and social relationships. The criteria for a higher rating have not been met.,For the entire appeal period, the Veteran’s left wrist disability is manifested by at worst painful motion. The criteria for a higher rating have not been met.

The Veteran's appeals seeking a TDIU rating and an increased rating for his low back disability have been dismissed due to the withdrawal of all pending claims by the Veteran’s representative.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and kidney stones, but has remanded all other issues due to outstanding records. The cervical spine disorder claim is also remanded.